Indigenous People and Carbon Rights: Review of Australian and New Zealand Carbon Markets

This article undertakes a comparative review of Indigenous people and their involvement in carbon markets through a critical analysis of the current emissions trading schemes in Australia and New Zealand. The review of these schemes draws on a preliminary discussion in Part I of (1) offsetting schemes around the world; (2) different approaches to legal interests in carbon; and (3) international law in respect of Indigenous people and environmental management. From this preliminary discussion, the schemes currently in place in Australia and New Zealand are reviewed with consideration to the inclusion of Indigenous people within these schemes. The article discusses the different legislative and policy approaches adopted by the respective national governments. The preliminary discussion and subsequent review demonstrates that each country needs to do more to involve Indigenous people within their respective schemes, and that failing to do so could be considered a breach of their commitments in regards to the environment and the rights of Indigenous people.